ISBA 1992

Can a lawyer run a divorce mediation business with a nonlawyer out of the law office?

Short answer: The opinion concluded that a lawyer may operate a divorce mediation business with a nonlawyer and run part of it from the law office, provided the lawyer does not represent either party in the underlying divorce and does not use the mediation as a feeder for the law practice; advertising rules apply only if the promotional material amounts to advertising for the law practice.

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This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer trained as a divorce mediator did a limited amount of divorce mediation alongside his practice, working with couples in pre- and post-divorce matters without representing either party in the dissolution, and always advised each spouse to obtain separate legal representation. He asked whether he could affiliate with a nonlawyer mediator in the mediation business, whether sessions could be held at his law office, and what advertising rules governed the mediation business's promotional material.

The opinion concluded there is no prohibition against a lawyer entering a business relationship with a nonlawyer in a mediation business or any other business, or against conducting a non-legal business from a law office (citing Opinions 85-3, 89-14, and 90-16), but that a lawyer acting as a mediator cannot represent any party in the underlying dispute (Rule 1.7). On these facts, there was no indication the mediation was a feeder operation for the divorce or other law practice, so there was nothing improper in the arrangement.

On advertising, the opinion concluded that if the mediation business's material meets the definition of advertising for the lawyer's law practice, the lawyer must comply with Rules 7.1 (communications concerning a lawyer's services), 7.2 (advertising), and 7.3 (direct contact with prospective clients); if it does not amount to advertising for the law practice, it is not subject to the lawyer-advertising rules. The opinion noted that Opinion 745 (1982), which reached a different result, had been overruled, and that ABA Model Rule 2.2 on the lawyer as intermediary was not adopted in Illinois but may provide guidance.

Currency note

This opinion was issued in 1992, before Illinois adopted the 2010 Illinois Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in May 2010 as generally consistent with the 2010 Rules (pointing to Rules 1.7, 2.2, 7.1, 7.2, and 7.3), while noting the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a lawyer run a mediation business with a nonlawyer?

A: The opinion concluded there is no prohibition against a lawyer entering a business relationship with a nonlawyer in a mediation business or any other non-legal business.

Q: Can mediation sessions be held at the law office?

A: The opinion concluded a lawyer may conduct a non-legal business, including mediation, from a law office, provided the mediation is not used as a feeder for the law practice.

Q: Do the lawyer-advertising rules govern the mediation business's promotions?

A: The opinion concluded they apply only if the promotional material amounts to advertising for the lawyer's law practice; otherwise Rules 7.1, 7.2, and 7.3 do not apply to it.

Q: Can the lawyer-mediator also represent one of the spouses?

A: No. The opinion concluded that a lawyer acting as a mediator cannot represent any party in the underlying dispute under Rule 1.7.

Background and rules framework

The opinion interpreted Rule 1.7 (conflicts; a mediator may not represent a party to the dispute) and Rules 7.1, 7.2, and 7.3 (the lawyer-advertising and solicitation rules), noting that ABA Model Rule 2.2 (lawyer as intermediary) was not adopted in Illinois (Model Rules 1.7, 7.1, 7.2, 7.3).

Citations and references

Rules of Professional Conduct:

Model Rule 1.7 (conflict of interest) / Illinois Rule 1.7
Model Rule 7.1 (communications concerning a lawyer's services) / Illinois Rule 7.1
Model Rule 7.2 (advertising) / Illinois Rule 7.2
Model Rule 7.3 (direct contact with prospective clients) / Illinois Rule 7.3
ABA Model Rule 2.2 (intermediary; not adopted in Illinois)

Other opinions cited:

ISBA Opinions Nos. 85-3, 89-14, 90-16 (non-legal business from a law office); Opinion 745 (1982) (overruled)

Source

Landing page: https://www.isba.org/ethics/opinions/9205

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